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James Richard Butler
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James Butler’s Answers

272 total


  • Should field sobriety tests have been administered to someone who just had a "major" accident, & are those results reliable?

    Defendant was found walking near accident scene (car was ultimately declared a total loss). He reportedly couldn't say where he'd been, where he was going, or how the accident happened. The arresting officer interpreted this as an indicator of i...

    James’s Answer

    It depends on the nature and extent of the injuries. The National Highway Traffic Safety Administration, the agency that developed the field sobriety tests ,realized that some people weren't good candidates for the tests, like people who had suffered concussions,head trauma, or other injuries to the body which would keep them from being able to perform the physical exercises. Further - shock can mimic intoxication. Find an experienced DWI lawyer in your area that has litigated these issues.Good luck.

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  • Can you get less than the 30 day minimum for a 2nd DWI in the state of Texas?

    they don't want to give me probation is there a way to get under the 30 day minimum in texas do they give more time if I had a very high bac I didn't crash or hit anything or anyone

    James’s Answer

    That's a shame because probation is a way of getting around the 30 days. If they would agree to punish it as a first offense, that is another way of doing it. A second offense probation carries a three day minimum jail term as a condition of probation, and five day jail term if the prior DWI was within five years of this one.

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  • Is there minimum jail sentence for class A dwi over 3 times the legal limit in TX, I refused the bt and they got a warrant

    to withdraw blood I'm aware of the dl sudpension part, but does it aggrevate or enhance the criminal of the case refusing the bt test? the blood results.came back over three times is there more time for that no accidents, wrecks or speeding where ...

    James’s Answer

    If I understand the question correctly, this is your first DWI, which was enhanced because the test came back over .15, to a class A misdemeanor. If that is the case, there appears to be no minimum jail time. The DWI statute section 49.04 subsection (d),only says that it is enhanced to a class A misdemeanor. It does not mention the 72 hours minimum, which is required for a first offense DWI under section 49.04. A class A misdemeanor is punishable by jail time from zero days to one year, and a fine from zero dollars up to $4000. Most courts will give you credit for the time you already served regardless. The court will require you to have an ignition interlock device installed in your car as a condition of probation. You can seek to have that removed after at least half of the probation time has been served.

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  • I have a dwi with a 2 minor children what am i facing

    This is my first dwi

    James’s Answer

    If the children were 15 or under, it is a state jail felony. Sometimes, a lawyer can get the case reduced to a misdemeanor.

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  • Can I remove my smart start interlock myself if I have already received court order to get it removed?

    I had a Smart Start device installed in my vehicle. Everything was fine at first then I started having problems with the electrical system witch was caused by the Smart Start device not being connected properly as per electric mechanics. Now I hav...

    James’s Answer

    Pay the money and do whatever it takes to get rid of the thing. Then weigh your options - which may include filing a lawsuit in JP Court for damages. Be sure you have evidence to prove that their negligence caused your damages. Good luck.

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  • I'm going to court soon for a dwi if Is there a way to reduce the plea offer?

    I had a high bac and another dwi in another state many years ago so they are pretty steep in sentencing what are my options if I don't want to take the offer. can my lawyer bargain at another court date? Do I have to plea on my arraignment?

    James’s Answer

    Assuming you are meeting all of the conditions of bond, your lawyer should be able to reset the case and continue negotiating on your behalf. I must say - I agree with Mrs. Henley. If you have a lawyer, this question is best answered by them. Good luck.

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  • I got appointed a lawyer who isn't so good for 2nd dwi in TX, what can I do if I don't want to accept the plea deal?

    I can't afford a lawyer I had a friend who was represented by him and he just forced him to sign the plea deal if don't want to accept the deal what are my options? he never returns my calls or anyrhing I'm so scared options?

    James’s Answer

    First, you should be comforted by the fact that all appointed lawyers are held to the same standard of professionalism as a retained lawyer. Paid or appointed, your lawyer has a duty to zealously advocate for you on your behalf, research the law and the facts, and be available to answer your questions, and address your concerns. If you are telling your lawyer you are innocent, and your lawyer is telling you that you have to plead guilty - then that's a problem, and you should ask the court to appoint another lawyer. You are encouraged to follow your lawyers advise, but you aren't required to. You know whether you were intoxicated better than anyone. If you want to plead not guilty, then the court will most likely set your case for trial. I would imagine that the trial date you would receive would be sooner on the calendar than later - it depends on the size of the court's docket. I would encourage you to seek the advise of an El Paso lawyer who practices DWI defense. There are those who are willing to give you a free consultation over the phone, and work with you on payments. As far as the plea offers your court appointed lawyer brought you - the offer on a 2nd DWI never sounds as good as the first. There are many statutory hardships placed on a second offender.

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  • I was never arrested for DUI after my accident last week Can I still be charged? On the road and worried what's in my mailbox.

    He used a portable breathalyzer and I was over the limit. But they said they decided to let me go. Can the prosecution still file charges? I was never given a field sobriety test and never taken to the police station. I got a ticket for reckle...

    James’s Answer

    Technically yes - but It sounds to me like you caught a lucky break. My guess is that the "PBT" or Portable Breath Test device showed you well under the legal limit. Although the PBT results aren't admissible in trial, they are used by some officers to determine if they have probable cause to arrest someone for DWI. My guess is that once the officer saw the low number, he decided to cite you for reckless driving ,instead of spending the rest of his shift processing you for DWI.

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  • Are you able to submit a plea with a DWI charge...

    First time dwi

    James’s Answer

    In all cases you are allowed to submit a plea - i.e. ,"guilty," or "not guilty." In some courts, a plea of "not guilty," will be entered for you by the court. You can always change that at a later time, should you decide to accept a plea bargain.The real question is which of these pleas is in your best interest ? For that answer, you will need to consult with a local DWI attorney in your area.

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  • How long does it take to go to court on a DWI??

    First dwi charge

    James’s Answer

    Once charges are filed - as long as it takes to get the results we desire.

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